By Tom Espiner, 12 April 2007 08:40
NEWS
Monitoring employees' internet and telephone use at work may contravene human rights laws, after a landmark case in the European Court of Human Rights last week.
The case involved a public-sector employee, who won €3,000 in damages and €6,000 in court costs and expenses, after her communications were intercepted by her employer, Carmarthenshire College, based in South Wales.
Lynette Copland successfully took the UK government to court after her personal internet usage and telephone calls were monitored by one of her bosses in 1999.
The ruling means that the private use of company telecoms equipment and internet access may be protected under European human rights legislation, if the company has an acceptable personal-use policy and fails to inform the employee that their communications may be monitored. Employee communications are also covered by human rights legislation if the organisation has no explicit acceptable use policy and fails to inform the employee of the monitoring of personal email.
Privacy experts at law firm Pinsent Masons said although businesses now have clear guidance for monitoring work communications under the Regulation of Investigatory Powers Act (Ripa) 2000, personal communications at work may be protected by the European Convention on Human Rights, and the Human Rights Act 1998.
Dr Chris Pounder, a privacy specialist, said: "The lawful business practice regulations allow an employer to monitor and intercept business communications, so the court is implying that private use of a telecommunications system, assuming it is authorised via an acceptable-use policy, can be protected [by human rights legislation].
"The ruling is important in that it reinforces the need for a statutory basis for any interference with respect to private use of a telecommunications system by an employee."
Copland brought the case against the government after her communications were intercepted by the deputy principal of Carmarthenshire College, a publicly funded body, where she was employed as a personal assistant to the college principal. Her lawyers successfully argued the activity breached her rights under Article 8 of the Convention on Human Rights, which says "everyone has the right to respect for his private and family life, his home and his correspondence".
The government admitted that monitoring had taken place of dates, times and participants in email and telephone conversations, and of Copland's internet usage. The college had no policy in place at the time informing employees that their communications might be monitored.
The court's ruling said: "According to the court's case-law, telephone calls from business premises are prima facie covered by the notions of 'private life' and 'correspondence' for the purposes of Article 8. It follows logically that emails sent from work should be similarly protected under Article 8, as should information derived from the monitoring of personal internet usage.
"The applicant in the present case had been given no warning that her calls would be liable to monitoring, therefore she had a reasonable expectation as to the privacy of calls made from her work telephone. The same expectation should apply in relation to the applicant's email and internet usage."
Copland's damages and costs will be borne by UK taxpayers. She remains in post at the college.
Tom Espiner writes for ZDNet UK
Comments
There are 5 comments. Join the discussion
1. anonymous
What will happen now that the 'European Court of Human Rights' have stuck their beaks in, company's will ban all personal use of company telecoms, email and internet and sack anyone caught knowing full well that they are within their (the employers) rights to do this.
2. anonymous
What a load of rubbish, we need to change the law. If you use company (or in this case college) resources you are stealing from the company unless you have been given express permission to use them.
This women is supposed to be working not making private calls or emails on company equipment. If she wishes to make private calls they should be done at lunch time on her own equipment, mobiles and PDA's are cheap now!
3. David Karp, Ipswitch
Careful companies reading between the lines of this item will notice that all the high-flying legal language and talk of human rights are orbiting the real issue: acceptable use policies. Companies – and employees – operating without an acceptable use policy are like aerialists operating without a net. If there is no clear understanding about what is or is not allowed, the greater law of the land will pertain, and that might or might not be in the best interest of the firm or the employees. Smart companies will explicitly allow personal use with guidelines, partly because we all know people will do it anyway, but mostly because it creates a better workplace environment. Look to the array of personal services available to Google employees and look at the hard work and long hours they put in.
David Karp, Director Of Marketing, Ipswitch
4. Eric the Disillusioned
I agree with David Karp. In addition to his comments, the rise and rise of home-based workers makes this even more of an issue since they will often be using their own LAN, comms, equipment to perform business activities. Companies can accommodate sensible working practices for their employees which include the capacity to perform personal activities such as banking etc through the application of appropriate company policies.
Those commenters indicating that they shouldn't be using company property for personal business should get in the real world. I use my car for work, my house for work, my mobile phone for work, and many other personal equipment items. If we really want to get into that game then I should demand a company car for all business journeys (and have any tax paid by the company) and a mobile phone and demand that I have a pre-allocated desk in every office that I am expected to work in. That's not realistic and doesn't help the company I work for.
5. Don Tregartha
Enlightened employers allow staff to make an take calls, email, book holidays. If an employee is daft enough to abuse that privilege, then they shouldn't whinge when it turns round and bites them.
It works both ways, if you take personal messages at work, then you can take busines calls and emails at home.
Trust is a two way street.